Category Archives: flight schools

EAA STATEMENT ON FAA RELEASE OF THIRD-CLASS MEDICAL REFORM RULE

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EAA STATEMENT ON FAA RELEASE OF THIRD-CLASS MEDICAL REFORM RULE

FAA’s BasicMed will take effect on May 1, 2017

EAA AVIATION CENTER, OSHKOSH, Wisconsin — (January 10, 2017) — Years of effort by EAA and AOPA culminated on Tuesday morning as the FAA announced regulations that will implement the aeromedical reform law passed last July. The regulations will be published Wednesday as a final rule, to take effect May 1, 2017.  According to the FAA, no changes have been made to the language in the law.

Because it is final, the rule – named “BasicMed” by the FAA – will not go out for a typical public comment period. The FAA also said it would publish an advisory circular describing the implementation of the rule later this week.

“This is the moment we’ve been waiting for, as the provisions of aeromedical reform become something that pilots can now use,” said Jack J. Pelton, EAA CEO/chairman. “EAA and AOPA worked to make this a reality through legislation in July, and since then the most common question from our members has been, ‘When will the rule come out?’ We now have the text and will work to educate members, pilots, and physicians about the specifics in the regulation.”

Tuesday’s announcement finalized the highly anticipated measure that was signed into law last July as part of an FAA funding bill. That was the ultimate success of a long effort by EAA and AOPA to bring significant aeromedical reform to pilots flying recreationally and eliminate the time and expense burdens on those holding third-class medical certificates.

The law guaranteed that pilots holding a valid third-class medical certificate issued in the 10 years before the reform was enacted will be eligible to fly under the new rules. New pilots and pilots whose most recent medical expired more than 10 years prior to July 2016 will be required to get a one-time third-class exam from an FAA-designated AME.

The FAA was required to implement the law within 180 days of its signing, or this Thursday (January 12). Since AirVenture 2016, FAA senior leadership has been assuring EAA that the 180-day deadline would be met. Despite the release of the regulations as a final rule, EAA will be reviewing the language carefully to ensure it fully reflects the language and intent of the law.

EAA has updated its Q&A and will continue to update them to provide the latest information. EAA is also working with its aeromedical and legal advisory councils to provide resources that will help members and their personal doctors understand the provisions of the new regulations.

About EAA

EAA embodies the spirit of aviation through the world’s most engaged community of aviation enthusiasts. EAA’s 200,000 members and 1,000 local chapters enjoy the fun and camaraderie of sharing their passion for flying, building and restoring recreational aircraft. For more information on EAA and its programs, call 800-JOIN-EAA (800-564-6322) or go to www.eaa.org. For continual news updates, connect with www.twitter.com/EAA.

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Instruction in your own aircraft.

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Last time I mentioned the question about buying an aircraft to get your license in. This time its about getting instruction in your own aircraft.
Many an aircraft owner has future training plans for their aircraft.  These plans may include an advanced rating or a friend or family member that needs to get a license.  And if you own an aircraft, why in the world would you want to rent someone else’s?  That’s great question.  And the first place you should start is with your insurance policy. 
Most policies have specific language that addresses the use of the aircraft. And the use is usually limited to pleasure flights and limited business flights that might be done in conjunction with your pleasure flights (but nothing for hire).  The use might include instruction for advanced rating, but not for the primary rating unless it is specifically stated.    
This little clause is important to the owner and insured.  If they, the owner, would like to work on their instrument rating and they are not flying the aircraft in actual IMC, they are usually considered to be the PIC.  Coverage under the policy is normal.  The problems start when there is someone in the aircraft giving or receiving dual instruction that is not listed as a pilot on the policy (but might be considered PIC). 
In the past we have discussed the pilot warranties and who is protected and who is not.  If you remember, the open pilot warranty is a pilot category that, if a person meets the listed requirements, that pilot can fly the aircraft and the owner (insured) is covered by the policy.   But there is a small clause in ,many aircraft insurance policies that states that unless the pilot is listed on the policy they cannot receive any training in that aircraft.
This basically says that if you have a friend that wants to get their instrument rating in your aircraft they wouldn’t have any coverage…and neither would you.  Of course, as always there is a “gray area”.  If the friend meets the open pilot warranty (OPW) and they borrow your aircraft to get advanced training they might be covered.  The key here is might be!  If that person meets the OPW and they are the pilot-in-command (PIC), then yes they (and the owner) should be covered under the policy. But each insurance company has a different interpretation of the training clause.   It would be in the best interest of the insured to have the agent contact underwriting and check for sure.  It would even be a better idea to list the friend on the policy and make sure the owner has coverage.
We see this problem pretty regularly.  Usually it is a situation where the cost to add a student pilot to a policy is very expensive.  The owner decides to try and circumvent the cost by allowing the “student” pilot to get their training under the supervision of an instructor that meets the open pilot warranty.  While the thought might be correct, it is flawed. 

A good example would be the owner of a light twin-engine aircraft.  This owner didn’t have a multi engine license and needed to get dual and take the check ride with the FAA.  To put that person on the policy would have cost about $1000 more a year in premium.  In this instance the owner decided that the quote we got (with him on the policy), was too expensive and he went to another agency to quote coverage without him listed.  In the month after buying coverage through the other agent, the owner and his instructor had an unfortunate gear up landing.  Of course their defense was that the instructor met the OPW and they would have coverage under that clause.  But what he discovered is, as we told him, if he wasn’t on the policy there was no coverage.  There was a clause about non-listed pilots receiving dual instruction in that aircraft.  The owner attempted to convince the claims department that the instructor was PIC but when the claims adjuster made copies of the owner’s logbook they found entries that included dual instruction in the aircraft.  If he didn’t have the entries he might have had coverage, but then, what good would the training have been if he couldn’t record it.  In this case the claims cost him a lot more financially than the premium increase would have.

The same situation can happen in just a normal “run of the mil” aircraft.  We have had numerous owners that have wanted to allow another pilot access to their aircraft but that pilot didn’t meet the OPW warranty.  When we check on adding them to the policy there is a significant increase in premium.  In a few of those cases the owner has decided that they will let the person fly the aircraft with someone that meets the OPW, say an instructor.  But again, if they log the hours and then have a claim, it will probably be denied. 
It’s also important to know that your instructor might not be covered. Many polices require that the instructor meet the OPW if they are giving instruction in your aircraft.  If they don’t meet the minimums, the instructor needs to have his or her own coverage or be listed on your policy.   A good example is transitioning into a high performance aircraft or light twin.  Your instructor might be qualified by the FAA to give training in a twin or that big single but the insurance company will probably require a minimum number of hours in the make and model.  If the instructor doesn’t have the minimum, he can’t really give you the training (from the insurance standpoint).  This also can be like a domino affect.  If he didn’t meet the minimums and still gives you the training and you (later in life) have an accident, the claim might be denied.  The claims department will want copies of your logbook and they will be looking for any entries that show compliance with the training requirements.  When the instructor’s logs are copied and they find he didn’t meet the OPW (or whatever the insurance companies requirement was) they will have the opportunity to decline the claim.
So what can the owner do?  Make sure if someone flies the aircraft they meet the open pilot warranty or the underwriter approves them.  This doesn’t stop people from getting dual in the aircraft.  It doesn’t stop your friends from using the aircraft for training, it just means that, as the owner, you need to make a few decisions, take a few preliminary steps and possible pay a few additional bucks to insure coverage during that time. 

As a side note, lets say your spouse wants to take a “pinch hitter” course, but doesn’t want to be a pilot, don’t worry.  Usually the underwriters will allow a spouse to take pinch hitter or safety courses with qualified instructors in your aircraft and often it’s for no cost.  

Should you buy or rent when learning to fly?

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Thinking of getting a private or sport pilot rating? Should you purchase an airplane to use during instruction?  Can it really save on rental fees and can you buy more affordable than rent?

Buying can be a good way to go.  Ownership frees up the planes schedule and you can get it whenever you want.  No overnight charges if you take a trip.  You know the maintenance history and as an owner, you get comfortable with the aircraft.

But, the biggest problem is buying something that might not be what you want at a later time.  Surprisingly, the wants and needs get mixed up, so what you want, might be different than what you really need.

If possible fly a few different models of aircraft.  That might mean going to a few different FBO’s and getting in their aircraft.   But after you get a few hours, you will be able to tell the difference between a Cessna 150 and a Cherokee 140.  You know, high and low wing, landing, visibility, all these factors are important to every pilot in some manner. 

Make sure you try them all out before you purchase.